The Legal System

SOURCES OF LAW

There are three main sources of law in England and Wales.
Statutes, Delegated legislation, and Case law.

STATUTES

Acts of Parliament created by the government in Parliament

DELEGATED LEGISLATION

Parliament sometimes delegates and transfers its law making capabilities to other bodies or agencies that then make laws of their own. Statutory instruments are often created to pad out the bare bones of the law created by parliament. Also Local Authorities can be given power make bylaws and other regulations.

CASE LAW

This is law that emerges from the courts and is usually an interpretation by the courts of existing law.

CLASSIFICATIONS OF LAW

There are two main classifications of law in England and Wales.
Criminal law and Civil law.

CRIMINAL LAW

This relates to matters where an unlawful act is an offence against the public and makes the person guilty of the act liable to legal punishment.

CIVIL LAW

This covers all the other areas of law that are effectively not criminal law. These include areas of law such as family, property, employment, consumer, business, and so on.

CIVIL COURTS

A civil dispute will be dealt with by one of two types of civil courts, either the High court or the County court. The high court has three main divisions; either the Queens bench division, Chancery division, and the Family division. Appeals can be made to the Court of Appeal and then on to the House of Lords.

CRIMINAL COURTS

A criminal matter will be dealt with either the Magistrates court for minor offences and the Crown court for more serious crimes. Appeals from the Magistrates court are made to the crown court. Appeals from the crown court can be made to the Court of Appeal and then to the House of Lords.

LAWYERS

A lawyer is an umbrella term for someone who works in the legal profession. There are three main types of lawyers. Solicitors, Barristers and Legal Executives.

ADVICE AGENCIES

There are a variety of legal advice centres in most communities such as the C.A.B. (Citizens Advice Bureau) and Welfare Rights organisations. The government is very keen to promote and fund these types of organisations as a way of enabling the public to gain access to justice.

SUMMARY

The legal system in England and Wales is at times complicated and difficult to understand. Using the legal system can be an expensive and time-consuming process. We always recommend that you seek advice from a solicitor before getting involved in any aspect of the law in England and Wales.